Torts

Front 1

Demurrer

Back 1

Even if everything you say is true, there is no cause of action for which the law recognizes a remedy

Front 2

Directed Verdict

Back 2

A ruling by a trial judge taking a case from the jury because the evidence will permit only one reasonable verdict.

Front 3

Summary Judgment

Back 3

when there is no debate about the material facts and the law dictates a specific judgment

Front 4

Purpose of Tort Law

Back 4

1.Deter/Prevent
2.Compensate
3.Alternative to violence

Front 5

Interests that Can be Invaded

Back 5

1.Physical Person
2.Personal Property or Chattel
3.Real Property
4.Movement
5.Reputation
6.Privacy
7.Emotional Distress
8.Economic Loss

Front 6

7 INTENTIONAL TORTS (FI T T ED C A B)

Back 6

Do not have to show actual damages for intentional personal torts; Δ liable for the full extent of all resulting injuries/damages (even unforeseeable)

Front 7

First must have a volitional act

Back 7

unconscious acts are NOT intentional

Front 8

Actor's Mistake

Back 8

Actor bears the risk of mistake in intentional torts (Wolf/Dog case)

Front 9

Mentally ill persons

Back 9

are liable for intentional torts if they understand that the act will lead to a certain consequence. Courts do not want to get involved with degrees of mental illness. Plus caretakers will take greater care to make sure that the mentally ill person does not hurt anyone. (McGuire – mental patient throws chair)

Front 10

INTENT

Back 10

Desire to cause the consequence OR knowledge to a substantial certainty the consequence will occur

Front 11

Transferred Intent
(B FATT)

Back 11

transfer of liability by tort (personal-personal) and/or victim to victim (Talmage - thrown stick case)--Assault, Battery, FI, sometimes TtL, TtC

Front 12

ASSAULT (II=Apprehension of being touched/state of mind)

Back 12

A volitional, unauthorized act, intended to place another in a reasonable apprehension of an imminent harmful or offensive touching with the apparent present ability to carry out the touch

Front 13

ASSAULT
Reasonable

Back 13

to a reasonable person of ordinary sensibilities

Front 14

ASSAULT
Offensive

Back 14

offensive to an ordinary person not unduly sensitive as to personal dignity (“You stink to me” and ∏ has heart attack case)

Front 15

ASSAULT
Words

Back 15

Words alone are not enough to commit an assault. Words can take away an assault, ie that you are not going to hurt them b/c they are old, etc b/c they take away the immediacy of the threat.(Western Union - D grabs for P over the counter)

Front 16

ASSAULT
Actual damages

Back 16

Actual damages not required.

Front 17

ASSAULT
DEFENSES: OLD CARS

Back 17

consent; defense of self/others, land/chattel (after warning); recovery of land/chattel; arrest; discipline

Front 18

BATTERY (II=Physical Person)

Back 18

Volitional, unauthorized intentional act causing a harmful or offensive touching(personal dignity)where a touching actually occurs.

Front 19

BATTERY
Actual damages

Back 19

Actual damages not required (i.e., a kiss)

Front 20

BATTERY
Actual Physical Contact

Back 20

actual physical contact not required – offending ∏’s personal dignity or invading space of person and policy of not intruding on a person (Fisher – taking plate from П’s hand in an angry manner)

Front 21

BATTERY
Acting in Good Faith

Back 21

liable for battery even if acting in good faith and bears risk of mistake (wolf-dog)

Front 22

BATTERY
Direct or Indirect

Back 22

battery can be direct or indirect; actor must put force in motion

Front 23

BATTERY
Unforeseeable Consequences

Back 23

Δ liable for all consequences even if unforeseeable, however not bizarre consequences (Spivey - ∆ hugs ∏ to tease her and ∏ was paralyzed. Court found that this result would not be a “substantially certain” to a reasonable man in the ∆’s position.)

Front 24

BATTERY
DEFENSES: OLD CARS

Back 24

consent; defense of self/others, land/chattel (after warning); recovery of land/chattel; arrest; discipline

Front 25

FALSE IMPRISONMENT (II=Freedom of Movement)

Back 25

Volitional, unauthorized act intended to confine another, whose boundaries are set by the Δ; with force or threat of force; with no reasonable means of escape, П must be conscious of confinement at the time OR suffer physical injury.

Front 26

FALSE IMPRISONMENT
Remaining to Clear Your Name

Back 26

If P goes willing to clear their name, not FI, BUT if P remaining because fear that the police were coming and would you be put in jail is FI.(Hardy -  stays with store security to clear her name from a stealing charge by another employee)

Front 27

FALSE IMPRISONMENT
Confine

Back 27

confine - by physical force; threat to persons/property; NOT future harm; NOT economic

Front 28

FALSE IMPRISONMENT
Restrain the Physical Liberty

Back 28

includes refuse to release, but not refusing to admit someone (Big town Nursing Home – Uncle kept in home against will); actual barriers (Whittaker – П bound to ship by water barrier and means to leave controlled by Δ. )

Front 29

FALSE IMPRISONMENT
Threatening Property

Back 29

action/threat of action against property is sufficient

Front 30

FALSE IMPRISONMENT
False Arrest

Back 30

false arrest = FI (Enright – cop illegally arrests П for violating leash ordinance and not showing I.D.)

Front 31

FALSE IMPRISONMENT
Awareness of Confinement

Back 31

 must be aware of confinement (Parvi -  does not recollect PD taking him in a car and leaving him at a golf course because  was drunk.)

Front 32

FALSE IMPRISONMENT
DEFENSES: CAw SAc

Back 32

arrest by cop; arrest w/o warrant; citizen’s arrest; shopkeeper’s privilege

Front 33

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS (II=Peace of Mind and Emotional Well Being)
Direct Victim:

Back 33

Extreme or outrageous behavior conducted with intentional or reckless disregard of causing severe emotional distress with actual provable damages. May attach to battery, assault, or FI

Front 34

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
Bystander:

Back 34

Δ knew 3d party present and of close relationship and intended to cause 3rd party severe ED OR no close relationship but a physical manifestation of distress (Taylor – П watched Δ beat father, but Δ did not know П was there.)

Front 35

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
Reckless Act

Back 35

words alone insufficient, some action required

Front 36

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
Extreme AND Outrageous

Back 36

conduct exceeding all bounds tolerated by society, calculated to cause ED
NOT petty insults (Slocum – Δ tells П “You stink to me!” П has preexisting heart condition.)

Front 37

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
Severe Emotional Distress:
Physical Manifestation

Back 37

Must have physical manifestation, i.e. miscarriage, etc. that naturally flows from the tortuous conduct to prevent unfounded claims (State Rubbish Collectors Ass’n – Mob Δ threatens П if does not pay protection money.)

Front 38

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
Severe Emotional Distress:
ED and Pre-Existing Condition

Back 38

ED must be severe and if ∏ has a pre-existing condition he must show that the ∆’s conduct intensified the pre-existing condition (Harris – stuttering ∏, where the ∆’s actions were extreme and outrageous, however the ∏ was unable to show severe ED).

Front 39

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
Severe Emotional Distress:
Objective Standard

Back 39

A person of ordinary sensibilities (objective standard) and absent special knowledge or notice (Spivey – Δ puts arm around П who is knows does not like being touched.)

Front 40

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
NOT:

Back 40

humiliation, embarrassment

Front 41

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
YES:

Back 41

threatening language; refusal to pay ins. benefits

Front 42

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
Physical Injuries or Consequences

Back 42

Provable physical injuries or consequences

Front 43

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
Transferred Intent

Back 43

NO transferred intent

Front 44

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
Intentional Tort Attachment

Back 44

May attach to assault, battery, or FI

Front 45

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
Common Carriers

Back 45

special standards for those w/special duties to public
interfering w/the dead may cause IIED for family

Front 46

INTENTIONAL INFLICTION OF EMOTIONAL DISTRESS
DEFENSES:

Back 46

common law; freedom of speech; freedom of religion

Front 47

TRESPASS TO LAND (II=Exclusive possession of land)

Back 47

Volitional, unauthorized intentional act of actual physical entry onto the land of another.